Critical Perspective Of Marxism And Foucauldian Sociology Essay

Basic Perspective Of Marxism And Foucauldian Sociology Essay Basic hypothesis goes back to the Enlightenment and is associated with the compositions of Kant, Hegel and Marx. In any case, in the twentieth century, basic hypothesis turned out to be firmly connected with an unmistakable assortment of thought, known as the Frankfurt School. It states Devetak in Burchills and Linklaters Theories of International Relations. It is crafted by Horkheimer, Adorno, Benjamin, Marcuse, Fromm and all the more as of late, Habermas that basic hypothesis has procured a reestablished quality. In this manner, the term basic hypothesis was utilized as the image of a way of thinking which addresses the powerful request of political and social innovation through a request for inborn study. It was chiefly an endeavor to recover a basic potential that had been invaded by late educated, social, social, financial and mechanical patterns. The Frankfurt School of Critical Theory is the longest and most acclaimed customs of Marxism.â This convention is regularly alluded as basic hypothesis meaning an exceptional sort of social way of thinking from its commencement in 1923 by Felix Weil (Seiler, 2004).â The basic hypothesis of society of the Frankfurt School keeps on energizing interest and discussion (Kellner, 2001).â A hypothesis is basic to the degree that it looks for human liberation, to free people from the conditions that subjugate them.â various basic speculations have developed regarding the numerous social developments that distinguish changed element of the mastery of individuals in present day social orders (Gutting, 2003). The above explanation sets the mind-set for this paper as I will be taking a gander at how the basic administration hypothesis of yesterday applies to the cutting edge western today.â Another key viewpoint will be on attempting to verbalize the associations between the administration points of view of contemporary society in the basic theory.â The attention will be on The emphasis will be on as the area for helpful, reasonable and transformative movement proceeds today.â This endeavor will be on deciding the nature and cutoff points of genuine popular government in mind boggling, pluralistic, and globalized social orders. what is it, for what reason is it applied to the executives) Presentation section 2 (150): Marx and Foucault as basic scholars (an outline of their idea). A Marxists thought depends on this way of life, a study of rationale called Dialectics. In this way, Marxism is both a hypothesis and a training. The speculations of Marxism depend on a logical technique for thought called colloquial materialism.â Theory depends on a specific arrangement of conditions that are consistently limited, and consequently, any hypothesis is essentially constrained. To test the legitimacy of hypothesis, Marxists depend on exact proof as the measures of truth (Basgen, 2005). Marxism grasps advancement and Marxists contend that one of the fundamental issues is that free enterprise puts chains on the dynamic powers. The powers of free enterprise are seen as dynamic in clearing ceaselessly the customary, strict, in reverse, and primitive types of society, spreading industrialisation and urbanization across social orders (Moody, 2003). Marxs study of private enterprise was that while this framework had unbelievable force and potential to change human culture emphatically, in undeniable reality it brought about abuse and eventually constrained the opportunities for additional improvement (Powell, 2001). Ill humored (2003), portray this condition as laborers were liberated from conventional cutoff points yet became captives of the new processing plant framework, restraining infrastructure brought about cutoff points on exchange and further advancement, and the state acted in light of a legitimate concern for the bourgeoisie as opposed to society all in all. Followed by your contention (that they each offer an unmistakable examination (Foucault as a pundit of Marxisms humanism, subjectivity and monetary reductionism) however both are valuable to assess the board approaches Marx for financial connections among administrator and laborer and Foucault for designs in disciplinary conduct found in administrative practices. Basic THEORY The term Critical hypothesis has its starting points in the twentieth century Frankfurt School, and now is related with researchers over a scope of disciplines.â Its motivation of request is to go up against shameful acts in the public eye (Clark, 2004).â Critical Theory has been profoundly worried about the destiny of innovation, and has offered orderly and exhaustive speculations of the direction of advancement. Basic hypothesis started by putting Marxian political economy at the focal point of examination, and early basic hypothesis was realist and focused on communism (Gingrich, 2000).â Â Critical hypothesis has commonly been focused on the possibility of advancement and progress, while simultaneously taking note of the manners in which that highlights of innovation can make issues for people and society (Kellner, 2000). This is highly thought about the 21st century, however there is progress in numerous things, yet at the same time gives like globalization will in general posture significant issues for the society.â Â Â According to Heilman (1998), being basic includes understanding the arrangements of generally unexpected conditions and conflicting force connections that make the conditions where we live.â Theory encourages us to compose the world, to sift through the subtleties, to bode well out of a kaleidoscope of sensations (Ayers, 1992). Â When hypothesis is guessed, as expressed by Heilman (1998), the objectives of work on bring the hypothesis down to the ground.â Phenomena are watched and encountered; this experience educates hypothesis; and afterward the hypothesis is additionally adjusted because of extra practice.â Rather like fiction composing, basic estimating is a procedure of envisioning and depicting a nonreal however conceivable world. Â The basic scholars have profoundly impacted contemporary social hypothesis, correspondence speculations, social hypothesis and a lot more for various decades.â According to Clark (2004), Critical scholars are resolved to comprehend the connection between cultural structures, (for example, financial and political) and ideological examples of felt that oblige the human creative mind and subsequently limit open doors for going up against and changing unreasonable social systems.â Critical scholars stress that hypothesis and exploration must serve emancipatory interests, to make a world that fulfills the requirements and forces of social entertainers (Sanghera, 2004).â Â According to basic hypothesis, individuals are overwhelmed by a bogus cognizance made and propagated by private enterprise so as to protect the authority of people with great influence (Meyer-Emerick, 2004).â Due to this reason, one can expect that it keeps individuals from unreservedly seeking after their own interests.â This dispute is possibly excused if individuals start to see the inconsistencies between the social development of the world and their lived experience.â Basic THEORY TODAY Â The basic scholars investigated the reconciliation of the common laborers into cutting edge entrepreneur social orders and proposed the requirement for new specialists of a social change.â They appeared to give increasingly clear depictions of the current designs of culture and society (Kellner, 2004).â As indicated by my understanding, we investigate the basic hypothesis of the past to increase methodological knowledge and political motivation to carry on the undertakings of basic social hypothesis in the present time.â Critical hypothesis is significant for South Africa including the entire African landmass, as we are experiencing tremendous transformations.â â Some of these changes are promising to inspire our way of life as the general public, yet others are threatening.â Globalization is one of the new transformations.â Â Revolutionary Marxists keep up that despite the fact that change may emerge as a unintended outcome of atomic demonstrations of obstruction, the significance of opposition is that it can create aggregate operators equipped for seeking after the cognizant objective of social change (Hassard, 2001).â This self-restricting opposition, arranged from above and pointed exclusively at influencing them as depicted by Hassard, is less inclined to be fruitful in accomplishing even minor changes than opposition that intends to impact a progressive change of society. Â We have seen an intriguing case here in South Africa contradicted to what Marxists proclaimed to be politically uninteresting which is work process theory.â Their contention is that it doesn't draw in with the issues of political and worker's guild association, which impact the awareness and solidarity of laborers (Hogan, 2001).â COSATU (Congress of South African Trade Union) which is having close binds with the ANC (African National Congress) is making this work procedure very interesting.â Cosatu battles for the privileges of laborers while advancing the soul of unity.â They do this in a bound together political movement. Â Although the quick interests of laborers underway may wander, their complaints and interests can be bound together into a typical political program, yet that unification is a political achievement.â This is progressively clear on what happened as of late with the instance of Zimbabwe where Cosatu needed to have chats with Zimbabwes congress of Trade Union.â Cosatu accepts that the unification of laborers can hugy affect political changes as MDC (Movement for Democratic Change) is targeting changing the political undertakings of Zimbabwe in front of Robert Mugabes Zanu-PF (the decision party).â Marxs evaluate of free enterprise Private enterprise is the framework that maintains the connection between the proprietors of the methods for creation and laborers. The previous involve the average class and the last the working class. (Middle class directors, low class laborers). Marxs investigation of the industrial facility can be meant the workplace condition, the connection between the two classes remains, for example office laborers don't claim the organization, hardware and materials the have a place with the organization. Counter understanding is that organizations offer to workers,

The Socio-Cultural Impact on Love, Marriage, and Kinship

Carine Garcon ANT 3212 Wayne A. Abrahamson Spring 2013 The Socio-Cultural Impact on Love, Marriage, and Kinship One’s point of view of the world is reliably modified by our environmental factors and affected by the occasions that occur. In the past around 50 years separate from rates have increased a huge fantastically high. Numerous analysts have related this wonders the contemporary society marriage represents and values. This thought and portrayal of adoration have on the other hand influenced and affected connections. Along these lines, the subject that will be researched is the way society and social has influenced our idea of affection, marriage, and kinship.One of the manners in which society has affected the thought of marriage is that reality that the administration endeavors to direct relationships. â€Å"A not many states understand the significance of marriage, and they have made a move to attempt to change our idea on marriage. Louisiana, Arizona, and Arkansas th ey had faith in pledge relationships. As indicated by the diary pledge marriage required the following†¦ This development set out to advance and fortify relationships, decrease separate from rates, diminish the quantity of youngsters conceived with only one parent present, demoralizes dwelling together, and outline marriage as a noteworthy and attractive organization. † (Hawkins et al. 002:166) Because of the way that the contemporary culture has dismissed the importance of marriage, the administration endeavored to manage the relationships inside specific states. Besides, the territory of Florida has made it harder for couples to get hitched and furthermore get a separation. The state has now actualized a 3-day sitting tight period for marriage licenses if couples don't look for pre-marriage instruction, wanting to lessen imprudent, not recommended associations. (Hawkins et al. 2002:166) It is clear why the administration has endeavored to control and limit the measure o f relationships that conceivably can happen.Years prior marriage was viewed as a celestial, sacrosanct association shared between two individuals before God. This association was proposed to be an association that endured forever and beforehand the alternative to disseminate the marriage didn't exist. In the present condition of marriage, individuals get hitched they don't consider it to be something that should be everlastingly, yet rather as something briefly. Separation has gotten excessively simple and plausible for individuals to acquire. I for one accept this present age individuals mistake desire for affection. The vast majority would tell somebody that they love them, however rather it is truly lust.It appears that nobody truly realizes the contrasts among desire and love, so the two words are ordinarily mixed up and utilized in the incorrect manner. Indeed, even in motion pictures and mass amusement, love and connections are depicted adversely with fabulousness. The common story starts with a man who persuades a young lady with the thought and plausibility of affection. When she is powerless the couple would undoubtedly enjoy sex. At the point when this happens the man at that point leaves, the lady laments the choice. These things are glamourized and promoted by the broad communications and an outcome, the young is then affected to copy the same.The mental impacts of the broad communications are unobtrusive, however long haul. (Galician 2004) As a youngster originating from a Christian foundation I read the holy book regularly. The holy book is an extraordinary source to see and investigate the progressions that have occurred all through the most recent 5 decades, since a great part of the standards depended on its substance. In the book of Matthew section 22:36-44 it states, â€Å"Teacher, which is the best charge in the Law? † Jesus answered: â€Å"Love the Lord your God with everything that is in you and with everything that is in you and with your mind.This is the first and most noteworthy instruction. What's more, the subsequent order is comparable expressing, â€Å"Love your neighbor as yourself. All the Law and the Prophets hold tight these two decrees. † (Matthew 22:36-44) Out of all the Ten Commandments these two were viewed as the most desired and exceptionally respected. This accentuation on the possibility that affection ought to be a profoundly proclaimed and incredible word in is uses and approach. The request where these rules are given, additionally place accentuation and consideration towards how one who is perusing the content ought to see it.In the diary, On A Paradox Of Christian Love Liu shouted that these two precepts direct ones love to particular articles. (Liu 2007:681) The precepts were put in a specific request as â€Å"first† and â€Å"second† to represent significance and regard. By placing these decrees in a request it is accepted that the one must accomplish a profound love with everything in your body and mind, and simply after would you be able to love can adore another person (neighbor). The book of scriptures has affected a lot of the Western culture and culture. From a scriptural outlook you can't adore any other individual except if your adoration is established with a celestial spirit.I accept that on the off chance that it has to do with our way of life, at that point contrarily it relates to cherish, along these lines as a general public we are blinded by what we need to see. It is important that one see’s the need to figure out how to require some investment and cautious idea into choosing whether or not we’re in adoration. Love is persistent, so it’s alright to take as much time as necessary to succumb to somebody provided that it is genuine affection than it will uncover itself in its own right. Likewise, the pressure put upon by individuals on affection brings about the investing of energy and hours thinking abou t whether there is genuine romance in their relationship.The sway that culture has had on the social relations of adoration have prompted the conviction that affection is dependent on what one can accomplish for the other, while in its substance and virtue love isn’t dependent on that rationale and thinking however feeling and feeling. In the reading material it clarifies how a man invested the majority of his energy away from his home, so the kid grew up affected by their moms and matrilineal family members. In the event that acclaim or disgrace neglected to control the conduct of kids, the withdrawal of maternal love had a ground-breaking impact. Lord 2003) In today’s culture and society the outcome unfriendly conditions and events are occurring. By contemporary society, men should be considered as the essential supplier for their families. Ladies are generally viewed as the ones that bear the obligation of kid bearing and keeping up the strength and homeostasis of t he home. In spite of the fact that the impact isn't the degree and extraordinary of a mother removing her warmth from a kid, yet the identical regarding linearity would be a mother nowadays setting the youngster in break as a type of punishment.This thought likewise digs a more profound in the clarification of immature young ladies who become â€Å"quickly consolidated into the exceptionally composed female family relationship gathering, and young men [who] searched out unique kinships with one another to offer shared help in adulthood. † (King 2003) In examination how love is uniquely influenced by the socio-social variables of today, the investigation of the term ‘kinship’ can be routed to facilitate the conversation. Connection isn’t simply viewed as relationship through blood, however it additionally implies connection by marriage, or adoption.Again TV and mass has persuaded that most families are commonly very close and extremely close, yet as a gener al rule most families are genuinely broken. (Galician 2004) Throughout the entirety of this brokenness, families despite everything figure out how to discover some type of soundness among them. By and large family by and large stay together, and keep up a better than average relationship with one another. In the course book King clarifies how relationships happens in the Ancient regions towards the east (Massachusett, Iroquois, Cherokee). He clarified that if a man had a lady of the hour at the top of the priority list he would have two options.Ask a family to propose a match to the next family, or to pull in the young lady himself. On the off chance that the person demonstrated himself to be commendable the family would acknowledge the couples sexual relationship, and on the off chance that it in the long run toward the finish of the procedure a wedding would occur. (Lord 2003) The family tests the couple’s relationship dependent on the sex and basically, on the off chance t hat the sex was demonstrated sufficient, at that point the couple would then get hitched. Lord additionally clarified that a customary man would take additional spouses to help around with their locale obligations or ambitions.Furthermore, in this timeframe lady of the hour administration was normal. Another spouse would go live with his parents in law to play out these obligations. (Lord 2003) These days, another spouse would not go live with his parents in law and he unquestionably wouldn’t be performing lady administrations. This is one case of the outrageous changes that have happened socially and socially concerning marriage. Indisputably, culture and media has affected how we see marriage, love, and family relationship. The vast majority no longer view marriage as being perpetual, however rather as being temporary.They no longer have confidence in battling to make their relationship work, they’d much rather separation or isolate and forestall and compromise in th eir disparities. It is overall proposition that affection is troublesome, however our way of life has deceived us to accept that adoration is easily feasible. Indeed, even concerning connection, some portion of affection and associations with anybody is to keep up ties with your family. By and large, due to the socio-social conditions the thoughts of connections are ever changing and along these lines complex in its nature.References Cited Galician, M. (2004). Sex, love and sentiment in the broad communications investigation and analysis of ridiculous depictions and their impact. Mahwah, N. J. : Lawrence Erlbaum Associates. Ruler, Glenn. Conventional Cultures: A Survey of Nonwestern Experience and Achievement. (2003). Waveland Press, Long Grove, IL. Hawkins, Alan J. , Steven L. Nock, Julia C. Wilson, Laura Sanchez, and James D. Wright. â€Å"Attitudes About Covenant Marriage and Divorce: Policy Implications From a Three-State Comparison*. † Family Relations 51. (2002): 166-17 5. Web. Huston, Ted L. â€Å"The Social Ecology of

Blog Archive Stanford Graduate School of Business Essay Analysis, 20172018

Blog Archive Stanford Graduate School of Business Essay Analysis, 2017â€"2018 *Please note: You are viewing an essay analysis from the 2017-2018 admissions cycle.  Click here to view our collection of essay analyses for the current admissions season.   Like several of the other top MBA programs that have released their essay questions for this year, the Stanford Graduate School of Business (GSB) has remained faithful to the prompts it presented last season. But with a total maximum word count allowance of 1,150, the school gives its applicants a little more room in which to express themselves. Although the Stanford GSB is an institution well known for generating and encouraging  innovators, the school uses its application essays not to ask candidates to share their imaginative new ideas but rather to look inward and examine their motivations and values. These are your opportunities to demonstrate the parts of your personality and profile that are not readily conveyed through transcripts, scores, and lists of professional accomplishments. Here we present our advice on how you might do so effectively… Essay A: What matters most to you, and why? (School-suggested word count of 750) For this essay, we would like you to: Do some deep self-examination, so you can genuinely illustrate who you are and how you came to be the person you are. Share the insights, experiences, and lessons that shaped your perspectives, rather than focusing merely on what you’ve done or accomplished. Write from the heart, and illustrate how a person, situation, or event has influenced you. Focus on the “why” rather than the “what.” When candidates ask us, “What should I write for what matters most to me?,” we offer some pretty simple guidance: start brainstorming for this essay by asking yourself that very question. What does matter most to you? This might seem like obvious advice, of course, but many applicants get flustered by the question, believing that an actual “right” answer exists that they must provide to satisfy the admissions committee. As a result, they never pause to actually consider their sincere responses, which are typically the most compelling. We therefore encourage you to contemplate this question in depth and push yourself to explore the psychological and philosophical motivations behind your goals and achievementsâ€"behind who you are today. We cannot emphasize this enough: do not make a snap decision about the content of this essay. Once you have identified what you believe is an appropriate theme, discuss your idea(s) with those with whom you are closest and whose input you respect. Doing so can help validate deeply personal and authentic themes, leading to an essay that truly stands out. Once you have fully examined your options and identified your main themes, do not simply provide a handful of supporting anecdotesâ€"or worse, recycle the stories you used in a similar essay for another school. A strong essay response to this question will involve a true exploration of the themes you have chosen and reveal a thorough analysis of decisions, motives, and successes/failures, with a constant emphasis on how you conduct yourself. If you are merely telling stories and trying to tie in your preconceived conclusions, you are probably forcing a theme on your reader rather than genuinely analyzing your experiences, and any experienced admissions reader will see right through this. In short, be sure to fully consider and identify your most authentic answer(s), outline your essay accordingly, and then infuse your writing with your personality, thoughts, feelings, and experiences. Stanford encourages you to give special attention to why the subject you have chosen to write about is the most important to you. This “why” element should be clear in your essayâ€"it should be implied by what you are discussing and sharing. If you need to explicitly declare, “And what matters most to me is…,” your essay is not making a strong enough point on its own. A well-constructed essay that is infused with your values and motivation and that clearly conveys why you made certain decisions should effectively and implicitly reveal the “why” behind your chosen topicâ€"and will almost always make a stronger point. One final note is that you can write about a popular theme as long as you truly own the experience. However, the odds are very low that you could write on a theme that the Stanford GSB’s admissions committee has never read about before. You can discuss whatever you truly care about in your essay, but you absolutely must support your topic with a wealth of experience that shows how you have uniquely lived it. Therefore, for example, you cannot successfully write about “making a difference” if you have volunteered only occasionally, but if you have truly had a significant impact on someone’s life, then the topic is no longer a clichéâ€"it is true to who you genuinely are. So, focus less on trying to choose the “right” subject for your essay and more on identifying one that is personal and authentic to you. If you write powerfully about your topic and connect it directly to your experiences and values, your essay should be a winner. Essay 2: Why Stanford? (School-suggested word count of 400) Enlighten us on how earning your MBA at Stanford will enable you to realize your ambitions. Explain your decision to pursue graduate education in management. Explain the distinctive opportunities you will pursue at Stanford. On the application essays page of the Stanford GSB Web site, the admissions committee states forthrightly, “Resist the urge to ‘package’ yourself into what you think Stanford wants to see” (emphasis added). What the school really wants is to understand what and/or who you want to be and what role its MBA program plays in bringing that to fruition. The admissions committee does not have a preferred job or industry in mind that it is waiting to hear you say you plan to enterâ€"it truly wants to understand your personal vision and why you feel a Stanford MBA in particular is a necessary element to facilitate this vision. If you try to present yourself as someone or something you are not, you will ultimately undermine your candidacy. Trust the admissions committee (and us) on this one! The “why our school?” topic is a common element of a typical personal statement, so we encourage you to download your free copy of the mbaMission Personal Statement Guide, which helps applicants write this style of essay for any school. It explains ways of approaching this subject effectively and offers several sample essays as guides. Click here to access your complimentary copy today. And for a thorough exploration of the Stanford GSB’s academic program, unique offerings, social life, and other key characteristics, check out the mbaMission Insider’s Guide to the Stanford Graduate School of Business, which is also available for free. Short Answer Question:    Tell us about a time within the last two years when your background or perspective influenced your participation at work or school.  (1,200 character maximum) The Stanford GSB, like mostâ€"if not allâ€"top MBA programs, values applicants who can contribute as students to its greater community and the educational experience for all. This query gets at the heart of that by asking you to show your willingness and capacity to draw on either your past or your natural inclinations and abilities, if not both, to contribute to a project or situation. To this end, note that the school is not asking simply about a time when you applied your knowledge or offered input because it was asked of you but instead for a time when you were  drawn to  a situation because of some personal connection with itâ€"“when your background or perspective  influenced  your participation.” For example, perhaps you encountered a problem that was similar in many ways to one you had faced before, and the insight and proficiency you gained from that earlier experience inspired you to want to assist in addressing the more recent one. Or maybe an opportunity arose that involved an element close to your heartâ€"as in, it related to a value you hold dear or to a personal interest or hobby that you especially enjoyâ€"and your connection to that element compelled you to become involved. Do not overlook that your response must not exceed 1,200  characters, which to our understanding includes spaces. This is basically the length of the previous two paragraphs (together). The Next Stepâ€"Mastering Your Stanford GSB Interview:  Many MBA candidates find admissions interviews stressful and intimidating, but mastering this important element of the application process is definitely possibleâ€"the key is informed preparation. And, on your way to this high level of preparation, we offer our  free Interview Primers  to spur you along! Download your free copy of the  Stanford GSB Interview Primer  today. Share ThisTweet 2017-2018 Business School MBA Essay Analysis Stanford University (Stanford Graduate School of Business)

Marketing Research of iiNet Internet Service Provider Examples

Executive Summary A business establishment usually have challenges that come together with its operations. Most of the challenges are financially related and can be solved by having good market strategies. Other problems that may be faced by a company include competition and customer betrayal depending on the type of business enterprise. This report is to cover iinet service providers which is an Australian based company which offers internet services. The report is going to tackle areas on how the Australian company has been operating, the hurdles that the company has undergone and the measures that have been taken by the company’s management to ensure that it doesn’t experience some of the problems it experienced before. The iinet company provides internet services and is one of the leading providers of the services in Australia. Some of the revolution that has been witnessed in the company include: acquisition of other firms and expansion of its services. The iinet company has been on the fore front to improve their services through involvement of other subsidiary firms which perform similar operations. This action has seen it improve its services in the service industry. Recommendation After being in operation for some period of time, there have been a series of revolutions in the company. There has been moments when the company suffered especially when a court suit was filed against the company and when their shares were suspended from the share trade market. For such a mishap never to happen again, I would recommend that the company carries out a thorough market research before venturing into any kind of investing. The company also need to educate their customers on how to use their services without breaking the law in any way or by any means. Introduction iinet Limited is an Australian internet service provider which focuses primarily on ADSL based internet access using their own ADSL2+ infrastructure. It also provides dial up and voice services. Over the last years, iinet has acquired many smaller ISPs in its growth. This is however a substantial customer base in Western Australia. Some of the companies which have been acquired by this company are ihug and ozmail. iinet was founded in 1993 and it began as a small company. The company has been on the rise ever since its inception. Several changes have been witnessed an it became the first ISP to offer PPP access in Australia. The company has grown through several ways and the most important way is through the acquisition of several companies. Some of the new registered companies that was acquired by iinet was a telecommunications provider iiTel which sought to improve Internet access prices through making wholesale telephone access to be much cheaper. Methodology iinet achievements One of the greatest achievement of iinet was the DSLAM deployment when iinet introduced their own DSLM infrastructure known as iiSLAMs or iiDSLAMs. This made iinet to be the first Australian Company to offer speeds above 1.5 Mbit/s. Problems faced by iinet Competition In 2005, Telsra which was iinet’s main competitor made changes in their pricing. This reduced iinets sales had a drastic measure was to be taken in order to ensure that they remained in operation. iinet had also to change their pricing in order to maintain their customers. The iinet decided to reduce their speed but doubling the data allowance instead. They reduced the speed of a 1.5 Mbit port to 512 kbps. Suspension and resumption of share trading The iinet share value slid from A$3.40 in September 2005 to A$ 1.69 in April 2006 which made iinet request for a trading halt. It was forced to suspend its shares. The company stayed out   of the stock market for a period longer than that which was expected. AFACAT Lawsuit Australian Federation Against Copyright Theft filed a lawsuit against the iinet in November 2008 with a claim that there was an infringement of the copyright laws. This was attributed to the fact that iinet failed to prevent its subscribers from downloading pirated materials using BitTorrent peer to peer protocol. The law suit was also filed by 34 film companies. iinet however, later reacted by saying that some of the accusations were not worth as it would be very difficult for them to disconnect a customer’s line due to some unsupported rumors. Hypothesis Positive hypothesis iinet is the best internet providers in Australia iinet has the largest shares in the telecommunications industry Negative / null hypothesis iinet do not have enough resources to run their operations Work Cited List iinet annual report 2010 The stock market report of Australia for the year 2010 iiNet Limited: â€Å"iiNet and PowerTel form Strategic alliance.† 2006

The Ethics Of The Whistle Blower Essay - 1256 Words

Question 5:- Whistle-blowing:- Whistleblowing is the term connected to the reporting by workers of unlawful, unethical, or illegitimate practices under the control of their businesses to parties who can make restorative move (Elliston 1985). Whistleblowing is a questionable authoritative issue. On the positive side, informants can help associations right risky items or working conditions and control fake or inefficient practices.Hides the identity/Privacy:-As a HR we ensure the whistle blower that we will not reveal his identity in front of all .This thing will never effect his working in future. Job security and safety:- As a HR,we will provide him life time job security . If we reveal their identity, we will definitely provide security to him. We will take care that he will not face any problem to this act. Motivation:- As HR we will motivate the whistle blower so that he can work in more effective way. We can motivate him by giving him monetary /non monetary appraisal. Multinational workforce:- Multinational companies have long wrestled with the challenge of effectively governing and managing a global workforce. Striking the right balance between a globally consistent strategy and local flexibility requires ongoing monitoring, supported by a keen understanding of local regulations, cultures and demographics. Workforce strategies:-As a HR,we will make the strategies in such a way that each and every person can take proper benefits of it.We keep every culture in the mindShow MoreRelatedCultural Relativism and Whistleblowing869 Words   |  4 PagesExplain using the ethics of cultural relativism the advantages and disadvantages of whistle blowing Cultural relativism is the principle regarding the beliefs, values, and practices of a culture from the viewpoint of that culture itself (Chegg.com: 2012). 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Co Occurring Mental Health Disorders ( Sud ) Essay

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Brand Management for Role of Brand Prominence - myassignmenthelp

Question: Discuss about theBrand Management for Role of Brand Prominence. Answer: Introduction: Most of the branding experts suggest the marketers prominently showcase the brand logos on the products. This is because, it has been assumed that customers buy the products for prestige and if the brands are showcased on the products, then it attracts the customers at large extent. However, this perception or assumption may not be true because there are people who prefer quality over prestige and they do not want to show off with the brand logos. Various studies have been conducted on this topic so that the marketers get the clear idea about the importance of brand logos and the views of the customers towards loud marketing of the products. The showcasing of the brand logos on the products is called as brand prominence. Various researchers have researched about the importance of brand prominence and its impact on the buying decision of the customers. Most of the brands launch the products with hidden brand logos but the features of those brands automatically recognized by the regula r customers of the brand and this helps in analyzing the loyalty of the customers. Brand prominence is the very important aspect of brand management. This is because the understanding the brand prominence is helps the companies to understand the perception of the market towards the brands. One of the articles has been analyzed to understand the concept of brand prominence and the associated aspects. Major focus of the article: The article, Signaling Status with luxury Goods: The role of Brand Prominence has been chosen for this assignment because it defines that luxury brands charge in access for quieter items with discrete appeal. The author of this article that is Young Jee Han is the student of marketing and another author Joseph C. Nunes is the professor of marketing. They recommend classifications that dispense customers to one of four groups as per their requirement for status. The purpose behind taking this article for critical analysis is to make better understanding about the Brand Prominence (Hung, eta l., 2011). This article elaborates that there are two kinds of customers that is Wealthy customers low in need for status and wealthy customer high in need for status. The first category groups wanted to connect with their own kind and they prefer to pay high for those brands only for which they are more aware about. Another kind of consumers uses goods of luxury to signal to the less prosperous. T he main focus of author of this article is on taxonomy that divides customers to one of four groups based on two characteristics that is wealth and need for status. Firstly, the consumer is divided into that category in which they are recognized as well to do. As per Allen and Dimock (2007), that the view of Americans to their country as being divided into two forms: the haves and the have-nots. It has been analyzed that the person whose income is higher keeps purchasing luxury goods. Thus, the concerned of luxury goods manufacturer is to how preference can be differentiated among those who have more (Stokburger-Sauer and Teichmann, 2013). There are major 3 words that highlighted in the article Status, Signaling and Branding. This research is based on the brand prominence of the brands like LV, Gucci, Mercedes etc. about what they offers to the market, the further research can be made on tracking down the sales of thee brand products so that the reasons behind the purchase of these brands can be determined. The emotional aspect of the people can also be analyzed in future research by taking the findings of this research into consideration. Why this article has been selected: This article has been selected to conduct the overall research because it is the article that involves qualitative as well as quantitative methods of research. Studying this article has provided the overall information about the various aspects of the topic. It has been analyzed that four studies has been used in this research article that helps the readers to understand the topic in depth. This article has grabbed the attention because of its language. The language that has been used in the article is very easy and understandable. The author has clearly describes all the key terms very well theoretically and practically by conducting regression analysis so that the reader who does not have any knowledge about the topic can also understand the same. The bifurcation of the topics and the analysis has been conducted in a very understandable manner. The most important thing that grabs the attention is the categorization of the customers on the basis of their choice and the status, this distinction has clearly describe what the author is trying to portray or describe about brand prominence and status. Summary of the article: The article, Signaling Status with luxury Goods: The role of Brand Prominence focuses on finding out the types of customers who prefers the loud marking and the one who prefers the quiet markings. As per this article, the preference of the customers also shows the social status of the person (Cheah, et al 2015). Four of the customers groups are analyzed on different basis. All these four groups of people or the consumers are named as patricians, parvenus, poseurs and proletarians. It has been analyzed that patricians are the people who are very wealthy in nature and have low needs to buy the products for prestige and also keen to be associated with the other patricians. The other category of consumers is parvenus who craves for status and prestige and associate themselves with the people who have similar branded things that they have and dissociate them from the people who cant afford the same. The next group of people is poseurs, these are the people who cannot afford to buy luxury items but they try to associate with the people who have the status (Keller, 2017). The last one is the proletarians. They are the people who cannot afford to buy the products for status neither they want to do it. Study 1 of the article is about the relationship between brand prominence and price. The research has been done on three products such as handbags, luxury cars and shoes. The observation of the research on handbags suggests that more expensive handbags are quieter and less expensive products are louder in brand identification. This suggests that brand prominence and price have inverse relationship with each other. As far as the second study is considered, it has been analyzed that the research has been conducted on the relationship of brand prominence and counterfeit goods. Counterfeit goods are the goods that allow the consumers to unbundle the status and quality of the luxury goods by paying less money for that. The category or the group of consumers that falls under th is are the poseurs, this is because they are the one who cannot afford to buy the products but wants to be associated with the prestigious and luxury products. It has been analyzed from the research that the counterfeit that was selected to be copied in the section of handbags is the one preferred by poseurs. This is because the poseurs are the people who believe in buying what the parvenus buy to showcase their status (Dubois and Duquesne, 1993). Next study is about recognizing subtle brand cues. The discussion in the research depicts that the people who fall under the category of patricians can recognize the brand without any display of the brand but the people who fall under the category of non-patricians cannot do it. This suggests that the patricians have more knowledge about the brand and does not have any interest in the markings of the brand (Kim and Ko, 2012). On the other hand the non- patricians people try to look for the products that show the markings of the brand. It h as been expected that the non- patricians people feels that the bags with markings are expensive in nature then the bags with no markings of the brands. The research suggests that the non- patricians people have changed their rankings of the bags shown to them when the brands of the bags were revealed and patricians does not require the brand name to take decisions over the price of the brand as they have better knowledge of the brand and the quality. They can easily recognize the bags by subtle designs and different features (Dubois and Duquesne, 1993). The last study in this article is about the associative/dissociative motives and brand prominence. This study has initially made some of the prediction that was later on tested to identify the results (Wilcox, Kim and Sen, 2009). The first prediction that has been made is that patricians are the people who prefer quiet brands and parvenus and poseurs prefers to but the brands or the bags which are loud (Fionda and Moore, 2009). To t est this prediction, the logit regression has been used with various respondents. It has been found from the results or the analysis that the group that is least likely to buy the loud brags is patricians. Proletarians are indifferent between loud and quite goods and the other two groups prefer to purchase more than 50% of the goods in loud sector (Trstenjak and Dobovek, 2013). Background readings: As discussed, brand prominence is the central theme of this article. It is defined as the extent to which the product is showcasing the marking of the brand on it. These marking attract the attention of the observer. Some of the luxury brands try not to showcase their brand name on the upper side of the products (Van Reijmersdal, Rozendaal and Buijzen, 2012). This is because it does not look descent for the customers who are used to of these brands. But, the customers who want to buy these brands just because they have to be associated with those high class people; they try to look for the brands or the products that showcase the markings. This is called the brand prominence where the brand name is clearly visible and the products are easily recognized by all. This can be done by two ways. Either manufacturer can produce it by loud marking or either by quiet markings. Loud markings mean the products of the brand have the name of the brand all over. This means that all the people whet her know about the products or not can recognize that products and its brand. Quite markings mean the products that are produced and sold have hidden markings of the brands (Han, Nunes and Drze, 2010). These products can be recognized only by the people or the regular consumers of the brand because they can recognize the products and the brand just buy seeing it and by other features of the products as they have the knowledge about the quality and the features that brand are associated with (Glazer and Moynihan, 1963). Today, customers are exposed to making marketing tactics and advertise by the marketers of the brands. As more and more number of companies is present with then products that are very homogenous in nature, thus the competition between the brands has been raised. Many other researches have also been made in context of this topic. Eva A. van Reijmersdal, Esther Rozendaal Moniek Buijzen has conducted the research on Brand Prominence with consideration of the children as the respondents. The products that have been used for research are Advergames (Ceci and Papierno, 2005). This research suggests that there are some external influences as well that affect the buying decision of the people and make them fall in one of the categories. The thinking of the people along with the thinking and influence of the peers in case of children is a great and major factor that can modify their purchasing decision. As far as the part of counterfeit products is considered it has been analyzed that many people prefer to by the counterfeit products or brands. Marketing techniques or the marketing tactics of the consumers is the factors that affect and influence the people or the customers and their purchase decisions of the brands (Milanovic, 2011). Other researches have also conducted researches in order to analyze the factors that can affect the purchase of the luxury brands by the people. It is suggested that some of the social factors, perception and vanity affect the buying decision of the customers. Grohs, Wagner and Vsetecka (2004) conducted one of the studies on roles of gender in brand prominence. Despite the fact that functional value and sales of the branded products is very less than the sales of non-branded products but still some of the prestige and premium price value in market is maintained by the luxury branded products. When the gender part is taken; the analysis suggests that the price of female luxury brands is much higher than the price of the male luxury brands. Studies have been conducted in concern to this topic to analyze the positive attitude of the people towards buying the luxury brands (Han, Nunes and Drze, 2008). It has been analyzed from the research that females have more positive attitude towards buying the luxury brands products then the attitude of males. This is because for females, the luxury brands provide more value and prestige as compare to the male luxury brands. As far as the influencing factors are con sidered, it has been analyzed that women are more influenced by the other peoples thinking about what they are buying as compared to men. To conclude this, it can be suggested that women and men have different types of behavior when they take decisions of shopping from luxury brands. Women show more positivity and men are not so much concerned about the brands (Whan Park, etal. 2010). This is the reason why marketers of most of the companies try to target the women as compared to men. Strengths of the article: In terms of strengths of this research or the paper is considered, the major part of research that needs to be appreciated is the research section. The use of regression process to conduct the research is very appropriate as per the objectives of the research (Perez, Castao and Quintanilla, 2010). There are 4 studies that have been conducted in this paper and thus provide information about various aspects of the topic that is brand prominence. It has been analyzed that this research has given the information about the four aspects of the topic. The first aspect was related to the price and brand prominence, the second aspect was related to the counterfeit goods, the third research was related to the subtle cues and last one was related to association and dissociation motives of the customers. The differentiation of the customers and their categorization is also the attempt of the author to make the things very clear. It has been analyzed that the overall article is very well written and the data is analyzed with appropriate methods of regression. Limitations: Although the article has many positive aspects, it has been analyzed that there are some limitation of this article. It has been analyzed that in the research of counterfeit products, the most of the respondents were Asian and thus the results of the research is not implemented on all the consumers. It has been identified that selecting the respondents from different cultural background can help in determining the impact of culture of the buying habits of the people as well. Secondly, it has been analyzed that the research that has been made in this paper is based on the brands like Gucci, LV etc. are offering to the customers and not on the sakes of those companies (Phau and Teah, 2009). Future research on this topic can consider the sales of these brands. In the need of this research, it has been analyzed that what are the preferences of the different types of groups of people in making their buying decision but the emotional side of the decisions which can be considered in the fut ure research (Gistri, Romani, Pace, Gabrielli and Grappi, 2009). Research findings of the article and its importance to marketing industry: The findings of this research can be implemented by the marketers in many ways. The findings suggests that even if the brands are not showcasing their logos or practicing quitter marketing but they have to set some special and subtle cues that helps the customers to identify the brands. These special sings are called as griffes. The marketers can also educate their target customers regarding these griffe so that these customers can recognize their preferable brands. References: Allen, J., D. Michael, D., 2007, A Nation of Haves and Have-Nots? Far More Americans Now See Their Country as Sharply Divided Along Economic Lines, Retrieved on 3rd November, 2017 from: https://www.pewresearch.org/2007/09/13/a-nation-of-haves-and-havenots/. Ceci, S.J. and Papierno, P.B., 2005. The rhetoric and reality of gap closing: when the" have-nots" gain but the" haves" gain even more.American Psychologist,60(2), p.149. Cheah, I., Phau, I., Chong, C. and Shimul, A.S., 2015. Antecedents and outcomes of brand prominence on willingness to buy luxury brands.Journal of Fashion Marketing and Management,19(4), pp.402-415. Dubois, B. and Duquesne, P., 1993. The market for luxury goods: Income versus culture.European Journal of Marketing,27(1), pp.35-44. Dubois, B. and Duquesne, P., 1993. The market for luxury goods: Income versus culture.European Journal of Marketing,27(1), pp.35-44. Fionda, A.M. and Moore, C.M., 2009. The anatomy of the luxury fashion brand.Journal of Brand Management,16(5-6), pp.347-363. Gistri, G., Romani, S., Pace, S., Gabrielli, V. and Grappi, S., 2009. Consumption practices of counterfeit luxury goods in the Italian context.Journal of Brand Management,16(5-6), pp.364-374. Glazer, N. and Moynihan, D.P., 1963.Beyond the Melting Pot: The Negroes, Puerto Ricans, Jews, Italians, and Irish of New York City(Vol. 13). Cambridge, MA: mit Press. Grohs, R., Wagner, U.M. and Vsetecka, S., 2004. Assessing the effectiveness of sport sponsorships-an empirical examination. Han, Y.J., Nunes, J. and Drze, X., 2008. First impressions: Status signaling using brand prominence. Han, Y.J., Nunes, J.C. and Drze, X., 2010. Signaling status with luxury goods: The role of brand prominence.Journal of Marketing,74(4), pp.15-30. Hung, K.P., Huiling Chen, A., Peng, N., Hackley, C., Amy Tiwsakul, R. and Chou, C.L., 2011. Antecedents of luxury brand purchase intention.Journal of Product Brand Management,20(6), pp.457-467. Keller, K.L., 2017. Managing the growth tradeoff: Challenges and opportunities in luxury branding. InAdvances in Luxury Brand Management(pp. 179-198). Palgrave Macmillan, Cham. Kim, A.J. and Ko, E., 2012. Do social media marketing activities enhance customer equity? An empirical study of luxury fashion brand.Journal of Business Research,65(10), pp.1480-1486. Milanovic, B., 2011. The haves and the have-nots.A Brief Idiosyncratic History of Global Inequality. Perez, M.E., Castao, R. and Quintanilla, C., 2010. Constructing identity through the consumption of counterfeit luxury goods.Qualitative Market Research: An International Journal,13(3), pp.219-235. Phau, I. and Teah, M., 2009. Devil wears (counterfeit) Prada: a study of antecedents and outcomes of attitudes towards counterfeits of luxury brands.Journal of Consumer Marketing,26(1), pp.15-27 Stokburger-Sauer, N.E. and Teichmann, K., 2013. Is luxury just a female thing? The role of gender in luxury brand consumption.Journal of Business Research,66(7), pp.889-896. Trstenjak, S. and Dobovek, B., 2013. Counterfeit Luxury Brands.Journal of Criminal Justice and Security, (1), pp.116-136. Van Reijmersdal, E.A., Rozendaal, E. and Buijzen, M., 2012. Effects of prominence, involvement, and persuasion knowledge on children's cognitive and affective responses to advergames.Journal of Interactive Marketing,26(1), pp.33-42. Whan Park, C., MacInnis, D.J., Priester, J., Eisingerich, A.B. and Iacobucci, D., 2010. Brand attachment and brand attitude strength: Conceptual and empirical differentiation of two critical brand equity drivers.Journal of marketing,74(6), pp.1-17. Wilcox, K., Kim, H.M. and Sen, S., 2009. Why do consumers buy counterfeit luxury brands?.Journal of marketing research,46(2), pp.247-259.

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Outline SNAP4 SCI HS CHEM Essay

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Sec & terrorism - Essay Example Historically, the U.S. identity has always been a benchmark by which threats to security are perceived. As Campbell (1998) informs, U.S. foreign policy has demonstrated that where the existence of alternative identities challenges the belief that the U.S. identity could be the ideal identity, this is often construed as a threat to security. In other words, security risks are interpreted as a means of establishing the U.S. identity (Campbell, 1998). Campbell’s conceptualization of the close relationship between U.S. identity and security is consistent with the constructivist account of international relations. For example, Wendt (1999) argues that state actors establish identities within an international social structure. How the state views its identity and how other states view the state’s identity shape and direct international politics and relations (Wendt, 1992). Using the constructivist account of international relations, this paper will argue and demonstrate the c lose connection between identity and security in U.S. foreign policy during the period of the Cold War is clearly established. However, during the detente phase of the Cold War, it appears as though U.S. security is less connected to identity but rather more closely connected to materialism. This paper is divided into two main parts. The first part of this paper provides an overview of the theory of constructivism in international relations. The second part of this paper will analyse the close connection between identity and security in U.S. foreign policy during the period of the Cold War and the fragility of that connection during the period of detente. The Theory of Constructivism in International Relations Constructivists, like neoliberal and neorealist theorists attempt to understand the drivers of state behaviour. However, constructivists are distinguished from neorealism and neoliberalism in that constructivists do not â€Å"ignore† the â€Å"content and sources of st ate interests and the social fabric of world politics† (Checkel, 1998, p. 324). Essentially, neoliberalism, neorealism and realism are juxtaposed against constructivism in a paradigm articulated as materialism vs idealism (Barkim, 2003). In this regard, constructivists reject the realist/traditional view that state behaviour is driven and explained by material power (Barkim, 2003). For the constructivists, state behaviour and international politics are both socially constructed (Alder, 1997). State behaviour is explained by a number of underlying factors that subjectively form the basis of ideas that steer state behaviour through the acquisition of state identities and interests (Copeland, 2000). Where states share the same ideas and interests, this can constrain and modify the behaviour of a state. Thus in interacting with one another, states may reconstruct their identities and interests through what is referred to as a â€Å"socialising process† (Copeland, 2000, p. 1 90). It is via the socialising process that states identify, defend and protect their identities which in turn inform their objectives and roles within the international political order (Copeland, 2000). Constructivism offers a novel and expansive method for understanding how states perceive security dilemmas as it offers tools for conceptualizing â€Å"human consciousness, national identity† and state interests (Tsai, 2009, p. 19). When constructivism is used to understand how states interpret security

Family business's - Hinduja group Essay Example | Topics and Well Written Essays - 2500 words

Family business's - Hinduja group - Essay Example ntrepreneurial endeavors as they all seek to exploit wealth opportunities in order to create wealth for the financial welfare of the founding families. People who went on to build their own family empires founded various large international companies like Ford, BMW as well as Wal-Mart among others. This implies that family businesses play an important role in economic development through their contributions to the business world while at same time creating investment environments that are secure, safe and open (FernaÃŒ ndez PeÃŒ rez and Colli, 2014, p. 63). A variety of approaches exist through which academics can assess the relative successes of family businesses including through considering family governance, the performance of the business, its philanthropy, social responsibility as well as corporate governance. Family governance is comprised of agreements that inform the connection between the business and the families while at the same time emphasizing on the aspects that will ensure the family business grow from generation to generation (Poutziouris, Smyrnios and Goel, 2013, p. 133). Family governance also entails distribution of power in the company among the different members of the family. In general, family governance is a management technique which that covers more than one generation and is intended to make sure that the history of the family, its wealth as well as values extend past the archetypal two generations. According to the Harvard Business School, family governance is comprised of three aspects including periodic meetings of the members and a representative group of members that is tasked with planning, the creation of policies and consolidation of business-family bonds and communication (Miller and Le Breton-Miller, 2005, p. 292). The third aspect is family constitution t hat provides policies and guidelines to regulate the relationship between the members with the business. These aspects make sure that there is clarity in regards to the

Law for Standard Form Contracts in Businesses

Law for Standard Form Contracts in Businesses 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009). Firstly unilateral contract is a legal agreement in which only one of the two parties makes legally enforceable promises. In this contract between two companies at a certain time only one party will do their duties only when a particular situation come out the other party will do their duty (BPP Professional Education, 2004). Furthermore the rule of unilateral contract is that it holds that offers can be revoked at any time prior to completion of the requested performance. The promise is enforceable only upon completion of the requested performance (Doti Chee, 2009). One of the most famous case studies in unilateral contract is Carlill v. Carbolic Smoke Ball Co. 1892 (Referred to Appendix A) (Lawnix, accessed 2009). In this case there is a unilateral contract which was stated by Smoke Ball Co. The contract is if any person who used Ds smoke ball three times per day as directed and contracted influenza, colds, or any other disease they will receive 100 pounds by Smoke Ball Co. However for Carlill, she purchased a ball and used it as directed and Carlill contracted influenza, it shows that she accepted the offer by performing the conditions. So the contract between both parties was valid. Furthermore it is a unilateral contract so that the rule of unilateral is applied in which when Carllil contracted influenza which means she performed the conditions of the contract and met all requirements o the contract. So after that it Smoke Ball Co.s turn to perform their actions which is give Carllil 100 pounds. As for the rule the promise is enforceable onl y upon completion of requested performance. The performance of Carllil is the requested performance so at that time the company is bounded by the contract and they had to pay Carllil the money. The case if Carllil vs Smoke ball Co. can alsobe considered as executed consideration. It is a performed or executed act in return for a promise (BPP Professional Education, 2004). The second type is bilateral contract, it is the contract in which both parties take responsible at the same time and both of them take promises (BPP Professional Education, 2004). It arises where let say company A promises to sell a computer to company B in return B promises to pay the purchasing price. It means that both parties will take their actions at the same time and as the rule of bilateral contract both of them are bounded by it. It means that company A will have to deliver the right product which is computer to company B at the given time and in return company B has to pay the purchase price for company A. This contract is usually seen in trading and commercial transaction. It would be breach of contract if either withdrew without the consent of the other. It also considered as executory consideration which is a promise given for a promise not a performed act (BPP Professional Education, 2004). On the other hand, specialty contract is express contract made under seal. They are not merely written but delivered over by the party bound. The specialty contract is usually in buying bonds, deeds, etc. The solemnity and deliberation with which a deed or a bond is presumed to be entered to, attack to it an important and character which do not belong to a simple contract. In the case of specialty, its rule is no consideration is necessary to give it validity, even in the court of equity (BPP Professional Education, 2004). The forth type of business contract is simple contract. Simple contract is any binding contract other than a contract under seal. It can be both express and implied or partly written or partly oral. It consists of a promise to do or refrain from doing something, in exchange for doing something given or promise in return. The parties must intent the agreement to be binding on each other. Furthermore the rule of simple contract requires that there be some good cause, consideration or motive, before they can be enforced in the courts (BPP Professional Education, 2004). The last type is standard form contract. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such as a recipient, they have little or no prior negotiation. On the other hand the provider of the contract has their own standard terms and conditions. The standard form contract can usually be found in a contract between employees and the company (BPP Professional Education, 2004). On the other hand in contrast to specialty contract, the rule of simple contract stated that as a general rule, the common law treats standard form contracts any other contract. It must contain the essential elements of a contract (Doti Chee, 2009). However in every contract there are seven keys elements which a contract must contain in order to be valid and enforceable by the law which are agreement, consideration, intention to create legal relations, legal capacity to contract, form of a contract, consent and legality of object (BPP Professional Education, 2004). Firstly the agreement which is determined by the rules of offer and acceptance. It must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). As shown in the figure below is the formation of a simple contract. However in offer there are three elements which are certainty of offer, invitation to treat and termination of offer. The certainty of offer is a definite offer maybe to a class of persons or to the world at large. While on the other hand, the key way that an offer is terminated is by being accepted or creating agreement. So that an offer is terminated and it may no longer be accepted in some case such as rejection, lapse of time, revocation by the offeror, failure of a condition to which the offer was subject and death of one of the parties (BPP Professional Education, 2004). Lastly the invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. There are our types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for renders (BPP Professional Education, 2004). The second element in agreement is acceptance, it can be by express words or by action and it may also be inferred from conduct too. There are three important elements of acceptance which are term of acceptance, counter offer and communication of acceptance (BPP Professional Education, 2004). Firstly the counter offer is the acceptance which purports to introduce a new term. If a counter offer is made, the original offeror may accept it but if he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). On the other hand the acceptance must be communicated. The general rule is that acceptance must be communicated to the offeror and is not effective until this has been done. Furthermore The acceptance must be communicated by the offeree or someone authorized by the offeree. If someone accepts on behalf of the offeree, without authorization, this will not be a valid acceptance (Doti Chee, 2009). The offeror may waive the need for communicat ion of acceptance by marking an offer to the entire world. Moreover he may indicate that he expects acceptance through the post. There are also three exceptions to the communication rule which are terms of offer, conduct of the offeror and postal rule (BPP Professional Education, 2004). Furthermore as the term of the order, it can state or imply that acceptance need not to be communicated to the offeror. One of the case examples for agreement is the case between Ramsgate Victoria Hotel Co vs Montefiore 1866 (referred to Appendix A) (BPP Professional Education, 2004). In this case the defendant applied to the company for shares and paid a deposit to the companys bank, it means that the defendant give an offer to the company. However after that the company sent him an acceptance by issue of a letter of allotment it means that it is the acceptance for his offer. However the acceptance was sent only when the offer was lapsed so that it is not accepted. The second element is the consideration. The agreement or the obligations assumed by each party must be supported consideration from the other party. The principle is that the parties to a contract must each provide something, whether money, the provision of a service or some other form of contribution to the contract. However it has also been described as the price of the other persons promise (BPP Professional Education, 2004). However for the consideration to be valid, it must contain three elements the executed, executory and cannot be past consideration. Firstly the executed consideration is a performed or executed act in return for a promise (BPP Professional Education, 2004). For example A offers a reward for the return of lost property, his promise becomes binding when B performs the act of returning As property to him. While in contrast, the executory consideration is a promise given for a promise, not a performed act (BPP Professional Education, 2004). For example if a cust omer orders goods which a shopkeeper undertakes to obtain from the manufacturer, the shopkeeper promises to supply the goods and the customer promises to accept and pay for them. Thirdly the consideration cannot be past. Anything which has already been done before a promise in return is given is past consideration which, as a general rule, is not sufficient to make the promise binding and the rule is that past consideration is no consideration (BPP Professional Education, 2004). One of the cases about past consideration is Re McArdle (referred to Appendix A) (BPP Professional Education, 2004). In this case one of the mothers son and his wife lived together in the house, the wife made improvement to the house and the children agree to repay the sum of  £488 in consideration o your carrying out certain alterations and improvements to the property. At the mothers death they refused to do so. In this situation the time of the promise between the children and the wife the improvements were considered as past consideration. According to the rule of past consideration, past consideration is no consideration so they were not bounded by it. The law says that consideration need not to be adequate but it must be sufficient. This means that the consideration need not be of equal value to the parties to the contract but it must be of some value to the parties involved. This does not have to be financial or monetary value, although obviously in many contracts it often is (BPP Professional Education, 2004). The term sufficiency of consideration means that the consideration must be something more than the party involved was already intended to do. It must be deemed actually to be consideration. While adequacy is the ability to reasonably or legally satisfy the requirement (Business Dictionary, accessed 2009). The case Chappell Co vs Nestle Co Ltd (referred to Appendix A) is a famous case study for adequacy (BPP Professional Education, 2004). The case arose when Nestle made a special offer, whereby if people collected three wrappers from Nestle bars of chocolate and sent them with small money they could get a copy of a record Rockin Shoes The copyright to the records was owned by Chapple, who claimed that there had been breaches of their copyright. The case turned round whether the three wrappers were part of the consideration. However in this case the defendants had required that wrappers were sent in as part of the special offer, for obvious commercial reasons. It was help that the wrappers were part of the consideration as they had commercial value in the eyes of Nestle, one of the parties to the contract. There is also a case of Collins vs Godefroy (1831) (referred to Apeendix A) for the sufficient of consideration (BPP Professional Education, 2004). In this case there was no consider ation for the promise, as the claimant was obliged to appear by law. Because of the performance o an existing obligation imposed by statue is no consideration for a promise of reward. The last part of consideration is the privity of contract. If you do not provide consideration, you cannot sue on the contract. This is a critical rule in contract law and reflects the fact that consideration is essential. This maxim means that only the person who has paid the price of the contract can sue on it. Privity of contract is defined as the relation between the two parties to a contract and third parties who are no privy to the contract generally have no right of action (BPP Professional Education, 2004). There is a case of Tweddle vs Atkinson 1862 (referred to Appendix A) for the privity of contract. The next element is intention to create legal relation. An agreement is not a binding contract unless the parties intend to create legal relations and have the capacity or ability to do so. It can also be defined as the willingness to be bound by the terms of the contract. Furthermore anyone entering the contract has to have the capacity to do so; otherwise it can be argued that they are not acting in full understanding of what they are doing. Where there is no express statement as to whether or not legal relations are intended the courts apply one of two presumptions: social, domestic and family arrangements are not usually intended by the parties involved to be binding, commercial agreements are usually intended to be legally binding (BPP Professional Education, 2004). One of the case examples for intention to create legal relation is the case Balfour vs Balfour 1919 (referred to Appendix A). The case is that a husband promised to pay his wife  £30 a month to return to Ceylon wit h him but later the marriage ended in divorce and the wife sued the husband for the monthly allowance which he no longer paid. In this case, because of the informal agreement of indefinite duration made between husband and wife was not intended to be legally binding so that the wife cannot sue the husband for the money. There is also very important element for the contract which is the legal capacity to contract. Capacity refers to the fact that the law regards some groups as being unable to enter into binding contractual arrangements, because they might not be in a position to fully understand the agreement they have entered into. The groups include minor, mental disorders and drunkenness (BPP Professional Education, 2004). From January 1, 1970, the Family Law Reform Act 1969 reduced the age of majority to 18 and authorized the term minor as an alternative to infant. Minor is now the preferred term. The capacity of a minor to contract is still regulated by the common law, modified by the Minors Contracts Act 1987 which repealed a troublesome statute, the Infants Relief Act 1874 (Doti Chee, 2009). There is a case of Nash vs Inman 1908 (referred to Appendix A). In this case a Saville Row tailor sued an infant Cambridge student for the price of clothes (including 11 fancy waistcoats) he had supplied. The tailor failed in his action because the student was already adequately supplied with clothes because the clothes were not necessaries so that the minor was not binding by the contract. The next key element of the contract is the form of contract. The contract can be made in writing or oral or implied by conduct. The general rule is that a contract may be in any form (written or oral) but a minority of contracts have to be made in a particular form. Firstly implied terms are those terms which, although not expressly stated by the parties by words or conduct, are by law deemed to be part of the contract. Moreover the terms can be implied into contracts by custom, by courts or by statute (Doti Chee, 2009). On the other hand, writing make it easier to prove the contents o the contract but it is not usually necessary unless related to one of the following: contracts by deed, in writing, evidenced in writing or contracts made through the internet and by e-mail. Those are the formalities of the contract (BPP Professional Education, 2004). Contracts which must be by deed include leases for three years or more, a conveyance or transfer o a legal estate in land and a promise not supported by consideration. On the other hand the contracts which must be in writing include a transfer of shares in a limited company, the sale or disposition of an interest in land, bills of exchange and cheques, consumer credit contracts. Furthermore some contracts may be made orally but are not enforceable in a court unless there is written evidence of their terms. The most important contract of this type is the contract of guarantee. A signed note of the material terms of the contract is sufficient (BPP Professional Education, 2004). There is a case of Clyde Mason vs. Charley Tatum (referred to Appendix A) in the form of contract. In this case Clyde Mason as a minor went into a contract of buying land with Charley Tatum and the contract is made in writing after some days before the delivery the price of the land was doubled and the adult refused to do his performance o the contract. The minor sued for that. This case study is an example of the form of contracts which must be by deed. So in decision because the contract is binding for the adult so Tatum had to do his duties as in the contract with the minor. The consent is also one of the key elements of the contract. The validity of a contract may be affected if a person has been misled into a contract or if the parties have come to agreement but are actually at cross-purposes, for example one of them is mistaken as to the precise nature of the contract (BPP Professional Education, 2004). In consent there are four violating factors which are mistakes, misrepresentations, duress and undue influence. An intentional act done out of mistake may occasionally be defensible if it was reasonable. On the other hand a misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable; giving the innocent party the right to rescind the contract and/or claim damages (Law Teacher, accessed 2009). Duress is a possible legal defense, one of four of the most important jus tification defenses, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. In order for duress to qualify as a defense, four requirements must be met: threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable and the defendant must have become involved in the situation through no fault of his or her own (Law Teacher, accessed 2009). While undue influence is a judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. In order to establish the undue influence four elements must be shown. A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Second, there must be an opportunity for exercising undue influence. Th ird, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Fourth, the record must reveal an unnatural or suspicious transaction (Legal explanations, accessed 2009). As example of the consent the case of ICI v Shatwell 1965 (referred to Appendix A) is the most common one. Because of the electric cable was too short so that two experienced shot firers decided to go against the law they carried out the test without taking cover before doing so and there was a premature explosion and both were injured. They sued the employer. In this case they had consented to the risk. The employer was not liable since it had not been negligent nor had it committed or permitted a breach of statutory duty over safety procedures. The injured men were trained for their work and properly left to carry out safety procedures of which they were well aware. So they cannot sue the employer for that. The last key element of contract is the legality of object. Legality is an agreement to be an enforceable contract must contemplate the attainment of an object not expressly forbidden by law nor contrary to public policy. For example: An agreement for the sale of realty to be used expressly for the sale of alcoholic beverages is unenforceable as its object is contrary to law. So also an agreement by which A, a confirmed woman hater, promises B a house for Bs promise never to marry, is against public policy, as discouraging marriage, and therefore unenforceable (Chest of book, accessed 2009). The courts will not enforce a contract which is deemed to be illegal or contrary to public policy. 1b. Analyze the scenario from the perspective of the law of contract. Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology Firstly as for review of the online transaction, we will go to look at the formation of contract. Contract is agreement between two or more parties which is enforceable at law (Doti Chee, 2009). However in order to be valid and enforceable by the law, the requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a separate element, it goes without saying in the vast majority of cases (ANU College of law, accessed 2009). A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other (BPP Professional Education, 2004). On the other hand agreement is the meeting of minds between two more legally competent parties, about their relative dut ies rights regarding current or future performance (Business Dictionary, accessed 2009). Furthermore to determine whether or not an agreement has been reached, the courts will consider whether or not party has made a firm offer which the other party has accepted. Offer and acceptance are the key elements of agreement. The agreements must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). However for this case of online transaction, the principles governing the formation of written and oral contract can also be apply to contracts concluded through the internet. The contracts which are made through the internet also need an offer and acceptance to be valid. Moreover according to the electronic transaction act 1999 and confirmed by s.11 of the Electronic Transaction Act. Cap 88, the website containing the details and the prices of the goods is an invitation to treat (ComLaw, accessed 2009). Invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract (BPP Professional Education, 2004). There are four types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for tenders. As mentioned above the website containing the details and the prices of the goods is an invitation to treat so that it must follow the rule of invitation to treat. Its rule is that invitation to treat is not offer. It is an invitation to do business with another party and it is not an offer but an invitation to others to make offers. One of the common case examples for invitation to treat is the case of Patridge vs Crittenden 1968 (referred to Appendix B). Mr Patridge placed an advertisement in Cage and Aviary Birds magazine containing the words Bramblefinch cocks, bramblefinch hens, 25s each. The RSOCA brought a prosecution for offering for a sale of protected species in contravention of the protection of Birds Act 1953. The justices convicted Patridge and he was sued. The advertisement of Mr Patridge was considered as an invitation to treat so according to the rule of invitation to treat it is not an offer. The prosecution could not rely on the offence of the offering for sale, as the advertisement constituted an invitation to treat. He was therefore not making an offer. In this case there are two contracts were formed between Tuans company and Sally, a university student with Tech Ltd. Tech Ltd is Singapore listed company selling computers and other IT products in Ha Noi and they had recently established its own website to offer for sale various products over the internet. Firstly for the existing contract between Tuans company and Tech Ltd it is a valid contract. The rules of offer are that it must be communicated, may be made to world, may be revoked at any time and distinguished from binding options and from invitation to treat. On the other hand the rules of acceptance are it must relate to offer, mental acceptance is insufficient but may be inferred, must be unqualified, method must conform with other, if offer silent as to method that chosen to be appropriate, if it is mailed effective from time of posting and communicate may be dispensed with (Doti Chee, 2009). According to the rules of offer and acceptance in the contract between Tuans company and Tech Ltd there was an offer and acceptance. The online transaction as mentioned above is considered as invitation to treat. However the system in Tech Ltd works in the following manner: every time an order was placed by a buyer after filling up the requisite form, which included the furnishing of a va lid credit card account, it would be followed by an automated reply from Tech Ltd that the transaction was successful. It means that by filling the form with valid information Tuan had already made an offer to Tech Ltd and then automatically they will send a reply to confirm that the transaction was successful and it is considered as an acceptance from Tech Ltd to Tuans offer. There is also legal intention between two parties so that the contract between Tuan and Tech Ltd is a valid contract. In this case if Tech Ltd did not deliver the 4,000 sets of computers it means that they breach the contract. Because the contract is a valid contract so that both parties are binding by the contract, they must do their duties as in the contract stated. If Tech Ltd breached the contract Mr. Tuan can sue them for that if they did not have any reasonable reasons. However in this case Tech Ltd can proof that Tuan violated the contract by capitalizing on Techs mistake. Because of an error committed by an employee of Tech Ltd, the price of the printer was altered to $388 on the website, which normally retailed at $3,800. Tech Ltd can proof that Tuan based on that mistake to make contract with Tech Ltd. Because Tuan is the owner of a shop that sold IT peripherals, including a few sets of the said laser printer. So that he came to know about the real price of the printer and the extraordinarily low price offered by Tech Ltd. Furthermore according to the rule of unilateral mistake which is wh ere one party is mistaken as to the terms of the contract and the other knows this, the contract will be void regardless of whether the terms is fundamental (Doti Chee, 2009), the contract between Tech Ltd and Tuans company is a void contract because Tuan knew about the mistake of Tech Ltd. There is a similar case of unilateral mistake which is the case of Hartlog v Colin and Shields 1939 (referred to Appendix B). In this case by mistake the defendants offered at the same price per pound instead of per piece, which obviously worked out much cheaper. After that they realized their mistake, the sellers refused to deliver the skins and were sued by the buyers for breach of contract. However in this case because the buyers were aware of the sellers mistake so that there was no contract as same in the case of Tech Ltd and Tuans company. In conclusion because there is a unilateral mistake of Tech Ltd and Tuan knew about his so that in application o unilateral mistake rule the contract is void contract and Tuan cannot sue Tech Ltd for breach of contract. However in this case if Tuans company agreed to sell those ordered printer to the third party, they cannot maintain their rights against Tech even though they may be a bona fide purchaser. Because there is no contract between Tech Ltd and Tuans company so the goods are not belonging to Tuans company and they cannot sell it. Tech Ltd had the rights to take back their goods and the third party did not have the rights against Tech Ltd. The second contract in this case is the contract between Tech Ltd and Sally, a university student, because the transaction was taking in the same manner with the case of Tuans company which is through the website o Tech Ltd. Sally placed one set of the laser printer through the same system which means she offered to buy a printer through Tech Ltds website and then they automatically sent a reply to confirm the transaction was successful. It means that they were accepting the offer from Sally to sell one set of printer with the given price on the website. The contract had both offer and acceptance so that there was a valid contract between Tech Ltd and Sally. However because of the mistake committed by an employee of Tech Ltd the price of the printer was altered to $388 which is extraordinarily low price. Sally saw Tech Ltds website and thought that the price of $388 was very reasonable and she is a university student so she cannot know the real price of the printer and she did not know that there was a mistake from the employee. According to the rule of common mistake which is if one party makes a mistake and the other party is unaware of the mistake, the contract is binding, so that the contract between Tech Ltd and Sally is a valid contract. In this case Sally as a student so she cannot know the real price and the mistake of Tech Ltd. Furthermore because of that reason Tech Ltd cannot proof that Sally actually knew the contract is under a mistake. Moreover there also a similar case of common mistake which is Centrovincial Estates plc vs Merchant Investors Assurance Co Ltd (1983) (referred to Appendix B). In this case a landlord offered, by mistake, to renew his tenants lease at a rent of  £65,000 a year; he had meant to offer it at  £126,000. The tenant, unaware of the mistake, accepted the offer. It means that the tenant did not know about the mistake so that the contract was binding to both parties. In conclusion the contract was binding with Tech Ltd and if they did not deliver the printer to Sally, she can sue them for that. Lastly for Tech Ltd to prevent similar situation in the future they should build a structure or system based on the counter offer. As has been said acceptance must be unqualified agreement to the terms of offer. Acceptance which purports to introduce any new terms is a counter offer. If counter offer is made, the original offeror may accept it but he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). For example it is the case of Butler Machin Tool Co vs Ex-cell-O Corp 1979 (referred to Appendix B). In this case the claimant offered to sell tools to the defendant. However the defendant accepted the offer enclosing their own standard terms which differed from those of the claimant. The claimant ackno Law for Standard Form Contracts in Businesses Law for Standard Form Contracts in Businesses 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009). Firstly unilateral contract is a legal agreement in which only one of the two parties makes legally enforceable promises. In this contract between two companies at a certain time only one party will do their duties only when a particular situation come out the other party will do their duty (BPP Professional Education, 2004). Furthermore the rule of unilateral contract is that it holds that offers can be revoked at any time prior to completion of the requested performance. The promise is enforceable only upon completion of the requested performance (Doti Chee, 2009). One of the most famous case studies in unilateral contract is Carlill v. Carbolic Smoke Ball Co. 1892 (Referred to Appendix A) (Lawnix, accessed 2009). In this case there is a unilateral contract which was stated by Smoke Ball Co. The contract is if any person who used Ds smoke ball three times per day as directed and contracted influenza, colds, or any other disease they will receive 100 pounds by Smoke Ball Co. However for Carlill, she purchased a ball and used it as directed and Carlill contracted influenza, it shows that she accepted the offer by performing the conditions. So the contract between both parties was valid. Furthermore it is a unilateral contract so that the rule of unilateral is applied in which when Carllil contracted influenza which means she performed the conditions of the contract and met all requirements o the contract. So after that it Smoke Ball Co.s turn to perform their actions which is give Carllil 100 pounds. As for the rule the promise is enforceable onl y upon completion of requested performance. The performance of Carllil is the requested performance so at that time the company is bounded by the contract and they had to pay Carllil the money. The case if Carllil vs Smoke ball Co. can alsobe considered as executed consideration. It is a performed or executed act in return for a promise (BPP Professional Education, 2004). The second type is bilateral contract, it is the contract in which both parties take responsible at the same time and both of them take promises (BPP Professional Education, 2004). It arises where let say company A promises to sell a computer to company B in return B promises to pay the purchasing price. It means that both parties will take their actions at the same time and as the rule of bilateral contract both of them are bounded by it. It means that company A will have to deliver the right product which is computer to company B at the given time and in return company B has to pay the purchase price for company A. This contract is usually seen in trading and commercial transaction. It would be breach of contract if either withdrew without the consent of the other. It also considered as executory consideration which is a promise given for a promise not a performed act (BPP Professional Education, 2004). On the other hand, specialty contract is express contract made under seal. They are not merely written but delivered over by the party bound. The specialty contract is usually in buying bonds, deeds, etc. The solemnity and deliberation with which a deed or a bond is presumed to be entered to, attack to it an important and character which do not belong to a simple contract. In the case of specialty, its rule is no consideration is necessary to give it validity, even in the court of equity (BPP Professional Education, 2004). The forth type of business contract is simple contract. Simple contract is any binding contract other than a contract under seal. It can be both express and implied or partly written or partly oral. It consists of a promise to do or refrain from doing something, in exchange for doing something given or promise in return. The parties must intent the agreement to be binding on each other. Furthermore the rule of simple contract requires that there be some good cause, consideration or motive, before they can be enforced in the courts (BPP Professional Education, 2004). The last type is standard form contract. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such as a recipient, they have little or no prior negotiation. On the other hand the provider of the contract has their own standard terms and conditions. The standard form contract can usually be found in a contract between employees and the company (BPP Professional Education, 2004). On the other hand in contrast to specialty contract, the rule of simple contract stated that as a general rule, the common law treats standard form contracts any other contract. It must contain the essential elements of a contract (Doti Chee, 2009). However in every contract there are seven keys elements which a contract must contain in order to be valid and enforceable by the law which are agreement, consideration, intention to create legal relations, legal capacity to contract, form of a contract, consent and legality of object (BPP Professional Education, 2004). Firstly the agreement which is determined by the rules of offer and acceptance. It must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). As shown in the figure below is the formation of a simple contract. However in offer there are three elements which are certainty of offer, invitation to treat and termination of offer. The certainty of offer is a definite offer maybe to a class of persons or to the world at large. While on the other hand, the key way that an offer is terminated is by being accepted or creating agreement. So that an offer is terminated and it may no longer be accepted in some case such as rejection, lapse of time, revocation by the offeror, failure of a condition to which the offer was subject and death of one of the parties (BPP Professional Education, 2004). Lastly the invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. There are our types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for renders (BPP Professional Education, 2004). The second element in agreement is acceptance, it can be by express words or by action and it may also be inferred from conduct too. There are three important elements of acceptance which are term of acceptance, counter offer and communication of acceptance (BPP Professional Education, 2004). Firstly the counter offer is the acceptance which purports to introduce a new term. If a counter offer is made, the original offeror may accept it but if he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). On the other hand the acceptance must be communicated. The general rule is that acceptance must be communicated to the offeror and is not effective until this has been done. Furthermore The acceptance must be communicated by the offeree or someone authorized by the offeree. If someone accepts on behalf of the offeree, without authorization, this will not be a valid acceptance (Doti Chee, 2009). The offeror may waive the need for communicat ion of acceptance by marking an offer to the entire world. Moreover he may indicate that he expects acceptance through the post. There are also three exceptions to the communication rule which are terms of offer, conduct of the offeror and postal rule (BPP Professional Education, 2004). Furthermore as the term of the order, it can state or imply that acceptance need not to be communicated to the offeror. One of the case examples for agreement is the case between Ramsgate Victoria Hotel Co vs Montefiore 1866 (referred to Appendix A) (BPP Professional Education, 2004). In this case the defendant applied to the company for shares and paid a deposit to the companys bank, it means that the defendant give an offer to the company. However after that the company sent him an acceptance by issue of a letter of allotment it means that it is the acceptance for his offer. However the acceptance was sent only when the offer was lapsed so that it is not accepted. The second element is the consideration. The agreement or the obligations assumed by each party must be supported consideration from the other party. The principle is that the parties to a contract must each provide something, whether money, the provision of a service or some other form of contribution to the contract. However it has also been described as the price of the other persons promise (BPP Professional Education, 2004). However for the consideration to be valid, it must contain three elements the executed, executory and cannot be past consideration. Firstly the executed consideration is a performed or executed act in return for a promise (BPP Professional Education, 2004). For example A offers a reward for the return of lost property, his promise becomes binding when B performs the act of returning As property to him. While in contrast, the executory consideration is a promise given for a promise, not a performed act (BPP Professional Education, 2004). For example if a cust omer orders goods which a shopkeeper undertakes to obtain from the manufacturer, the shopkeeper promises to supply the goods and the customer promises to accept and pay for them. Thirdly the consideration cannot be past. Anything which has already been done before a promise in return is given is past consideration which, as a general rule, is not sufficient to make the promise binding and the rule is that past consideration is no consideration (BPP Professional Education, 2004). One of the cases about past consideration is Re McArdle (referred to Appendix A) (BPP Professional Education, 2004). In this case one of the mothers son and his wife lived together in the house, the wife made improvement to the house and the children agree to repay the sum of  £488 in consideration o your carrying out certain alterations and improvements to the property. At the mothers death they refused to do so. In this situation the time of the promise between the children and the wife the improvements were considered as past consideration. According to the rule of past consideration, past consideration is no consideration so they were not bounded by it. The law says that consideration need not to be adequate but it must be sufficient. This means that the consideration need not be of equal value to the parties to the contract but it must be of some value to the parties involved. This does not have to be financial or monetary value, although obviously in many contracts it often is (BPP Professional Education, 2004). The term sufficiency of consideration means that the consideration must be something more than the party involved was already intended to do. It must be deemed actually to be consideration. While adequacy is the ability to reasonably or legally satisfy the requirement (Business Dictionary, accessed 2009). The case Chappell Co vs Nestle Co Ltd (referred to Appendix A) is a famous case study for adequacy (BPP Professional Education, 2004). The case arose when Nestle made a special offer, whereby if people collected three wrappers from Nestle bars of chocolate and sent them with small money they could get a copy of a record Rockin Shoes The copyright to the records was owned by Chapple, who claimed that there had been breaches of their copyright. The case turned round whether the three wrappers were part of the consideration. However in this case the defendants had required that wrappers were sent in as part of the special offer, for obvious commercial reasons. It was help that the wrappers were part of the consideration as they had commercial value in the eyes of Nestle, one of the parties to the contract. There is also a case of Collins vs Godefroy (1831) (referred to Apeendix A) for the sufficient of consideration (BPP Professional Education, 2004). In this case there was no consider ation for the promise, as the claimant was obliged to appear by law. Because of the performance o an existing obligation imposed by statue is no consideration for a promise of reward. The last part of consideration is the privity of contract. If you do not provide consideration, you cannot sue on the contract. This is a critical rule in contract law and reflects the fact that consideration is essential. This maxim means that only the person who has paid the price of the contract can sue on it. Privity of contract is defined as the relation between the two parties to a contract and third parties who are no privy to the contract generally have no right of action (BPP Professional Education, 2004). There is a case of Tweddle vs Atkinson 1862 (referred to Appendix A) for the privity of contract. The next element is intention to create legal relation. An agreement is not a binding contract unless the parties intend to create legal relations and have the capacity or ability to do so. It can also be defined as the willingness to be bound by the terms of the contract. Furthermore anyone entering the contract has to have the capacity to do so; otherwise it can be argued that they are not acting in full understanding of what they are doing. Where there is no express statement as to whether or not legal relations are intended the courts apply one of two presumptions: social, domestic and family arrangements are not usually intended by the parties involved to be binding, commercial agreements are usually intended to be legally binding (BPP Professional Education, 2004). One of the case examples for intention to create legal relation is the case Balfour vs Balfour 1919 (referred to Appendix A). The case is that a husband promised to pay his wife  £30 a month to return to Ceylon wit h him but later the marriage ended in divorce and the wife sued the husband for the monthly allowance which he no longer paid. In this case, because of the informal agreement of indefinite duration made between husband and wife was not intended to be legally binding so that the wife cannot sue the husband for the money. There is also very important element for the contract which is the legal capacity to contract. Capacity refers to the fact that the law regards some groups as being unable to enter into binding contractual arrangements, because they might not be in a position to fully understand the agreement they have entered into. The groups include minor, mental disorders and drunkenness (BPP Professional Education, 2004). From January 1, 1970, the Family Law Reform Act 1969 reduced the age of majority to 18 and authorized the term minor as an alternative to infant. Minor is now the preferred term. The capacity of a minor to contract is still regulated by the common law, modified by the Minors Contracts Act 1987 which repealed a troublesome statute, the Infants Relief Act 1874 (Doti Chee, 2009). There is a case of Nash vs Inman 1908 (referred to Appendix A). In this case a Saville Row tailor sued an infant Cambridge student for the price of clothes (including 11 fancy waistcoats) he had supplied. The tailor failed in his action because the student was already adequately supplied with clothes because the clothes were not necessaries so that the minor was not binding by the contract. The next key element of the contract is the form of contract. The contract can be made in writing or oral or implied by conduct. The general rule is that a contract may be in any form (written or oral) but a minority of contracts have to be made in a particular form. Firstly implied terms are those terms which, although not expressly stated by the parties by words or conduct, are by law deemed to be part of the contract. Moreover the terms can be implied into contracts by custom, by courts or by statute (Doti Chee, 2009). On the other hand, writing make it easier to prove the contents o the contract but it is not usually necessary unless related to one of the following: contracts by deed, in writing, evidenced in writing or contracts made through the internet and by e-mail. Those are the formalities of the contract (BPP Professional Education, 2004). Contracts which must be by deed include leases for three years or more, a conveyance or transfer o a legal estate in land and a promise not supported by consideration. On the other hand the contracts which must be in writing include a transfer of shares in a limited company, the sale or disposition of an interest in land, bills of exchange and cheques, consumer credit contracts. Furthermore some contracts may be made orally but are not enforceable in a court unless there is written evidence of their terms. The most important contract of this type is the contract of guarantee. A signed note of the material terms of the contract is sufficient (BPP Professional Education, 2004). There is a case of Clyde Mason vs. Charley Tatum (referred to Appendix A) in the form of contract. In this case Clyde Mason as a minor went into a contract of buying land with Charley Tatum and the contract is made in writing after some days before the delivery the price of the land was doubled and the adult refused to do his performance o the contract. The minor sued for that. This case study is an example of the form of contracts which must be by deed. So in decision because the contract is binding for the adult so Tatum had to do his duties as in the contract with the minor. The consent is also one of the key elements of the contract. The validity of a contract may be affected if a person has been misled into a contract or if the parties have come to agreement but are actually at cross-purposes, for example one of them is mistaken as to the precise nature of the contract (BPP Professional Education, 2004). In consent there are four violating factors which are mistakes, misrepresentations, duress and undue influence. An intentional act done out of mistake may occasionally be defensible if it was reasonable. On the other hand a misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable; giving the innocent party the right to rescind the contract and/or claim damages (Law Teacher, accessed 2009). Duress is a possible legal defense, one of four of the most important jus tification defenses, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. In order for duress to qualify as a defense, four requirements must be met: threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable and the defendant must have become involved in the situation through no fault of his or her own (Law Teacher, accessed 2009). While undue influence is a judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. In order to establish the undue influence four elements must be shown. A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Second, there must be an opportunity for exercising undue influence. Th ird, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Fourth, the record must reveal an unnatural or suspicious transaction (Legal explanations, accessed 2009). As example of the consent the case of ICI v Shatwell 1965 (referred to Appendix A) is the most common one. Because of the electric cable was too short so that two experienced shot firers decided to go against the law they carried out the test without taking cover before doing so and there was a premature explosion and both were injured. They sued the employer. In this case they had consented to the risk. The employer was not liable since it had not been negligent nor had it committed or permitted a breach of statutory duty over safety procedures. The injured men were trained for their work and properly left to carry out safety procedures of which they were well aware. So they cannot sue the employer for that. The last key element of contract is the legality of object. Legality is an agreement to be an enforceable contract must contemplate the attainment of an object not expressly forbidden by law nor contrary to public policy. For example: An agreement for the sale of realty to be used expressly for the sale of alcoholic beverages is unenforceable as its object is contrary to law. So also an agreement by which A, a confirmed woman hater, promises B a house for Bs promise never to marry, is against public policy, as discouraging marriage, and therefore unenforceable (Chest of book, accessed 2009). The courts will not enforce a contract which is deemed to be illegal or contrary to public policy. 1b. Analyze the scenario from the perspective of the law of contract. Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology Firstly as for review of the online transaction, we will go to look at the formation of contract. Contract is agreement between two or more parties which is enforceable at law (Doti Chee, 2009). However in order to be valid and enforceable by the law, the requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a separate element, it goes without saying in the vast majority of cases (ANU College of law, accessed 2009). A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other (BPP Professional Education, 2004). On the other hand agreement is the meeting of minds between two more legally competent parties, about their relative dut ies rights regarding current or future performance (Business Dictionary, accessed 2009). Furthermore to determine whether or not an agreement has been reached, the courts will consider whether or not party has made a firm offer which the other party has accepted. Offer and acceptance are the key elements of agreement. The agreements must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). However for this case of online transaction, the principles governing the formation of written and oral contract can also be apply to contracts concluded through the internet. The contracts which are made through the internet also need an offer and acceptance to be valid. Moreover according to the electronic transaction act 1999 and confirmed by s.11 of the Electronic Transaction Act. Cap 88, the website containing the details and the prices of the goods is an invitation to treat (ComLaw, accessed 2009). Invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract (BPP Professional Education, 2004). There are four types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for tenders. As mentioned above the website containing the details and the prices of the goods is an invitation to treat so that it must follow the rule of invitation to treat. Its rule is that invitation to treat is not offer. It is an invitation to do business with another party and it is not an offer but an invitation to others to make offers. One of the common case examples for invitation to treat is the case of Patridge vs Crittenden 1968 (referred to Appendix B). Mr Patridge placed an advertisement in Cage and Aviary Birds magazine containing the words Bramblefinch cocks, bramblefinch hens, 25s each. The RSOCA brought a prosecution for offering for a sale of protected species in contravention of the protection of Birds Act 1953. The justices convicted Patridge and he was sued. The advertisement of Mr Patridge was considered as an invitation to treat so according to the rule of invitation to treat it is not an offer. The prosecution could not rely on the offence of the offering for sale, as the advertisement constituted an invitation to treat. He was therefore not making an offer. In this case there are two contracts were formed between Tuans company and Sally, a university student with Tech Ltd. Tech Ltd is Singapore listed company selling computers and other IT products in Ha Noi and they had recently established its own website to offer for sale various products over the internet. Firstly for the existing contract between Tuans company and Tech Ltd it is a valid contract. The rules of offer are that it must be communicated, may be made to world, may be revoked at any time and distinguished from binding options and from invitation to treat. On the other hand the rules of acceptance are it must relate to offer, mental acceptance is insufficient but may be inferred, must be unqualified, method must conform with other, if offer silent as to method that chosen to be appropriate, if it is mailed effective from time of posting and communicate may be dispensed with (Doti Chee, 2009). According to the rules of offer and acceptance in the contract between Tuans company and Tech Ltd there was an offer and acceptance. The online transaction as mentioned above is considered as invitation to treat. However the system in Tech Ltd works in the following manner: every time an order was placed by a buyer after filling up the requisite form, which included the furnishing of a va lid credit card account, it would be followed by an automated reply from Tech Ltd that the transaction was successful. It means that by filling the form with valid information Tuan had already made an offer to Tech Ltd and then automatically they will send a reply to confirm that the transaction was successful and it is considered as an acceptance from Tech Ltd to Tuans offer. There is also legal intention between two parties so that the contract between Tuan and Tech Ltd is a valid contract. In this case if Tech Ltd did not deliver the 4,000 sets of computers it means that they breach the contract. Because the contract is a valid contract so that both parties are binding by the contract, they must do their duties as in the contract stated. If Tech Ltd breached the contract Mr. Tuan can sue them for that if they did not have any reasonable reasons. However in this case Tech Ltd can proof that Tuan violated the contract by capitalizing on Techs mistake. Because of an error committed by an employee of Tech Ltd, the price of the printer was altered to $388 on the website, which normally retailed at $3,800. Tech Ltd can proof that Tuan based on that mistake to make contract with Tech Ltd. Because Tuan is the owner of a shop that sold IT peripherals, including a few sets of the said laser printer. So that he came to know about the real price of the printer and the extraordinarily low price offered by Tech Ltd. Furthermore according to the rule of unilateral mistake which is wh ere one party is mistaken as to the terms of the contract and the other knows this, the contract will be void regardless of whether the terms is fundamental (Doti Chee, 2009), the contract between Tech Ltd and Tuans company is a void contract because Tuan knew about the mistake of Tech Ltd. There is a similar case of unilateral mistake which is the case of Hartlog v Colin and Shields 1939 (referred to Appendix B). In this case by mistake the defendants offered at the same price per pound instead of per piece, which obviously worked out much cheaper. After that they realized their mistake, the sellers refused to deliver the skins and were sued by the buyers for breach of contract. However in this case because the buyers were aware of the sellers mistake so that there was no contract as same in the case of Tech Ltd and Tuans company. In conclusion because there is a unilateral mistake of Tech Ltd and Tuan knew about his so that in application o unilateral mistake rule the contract is void contract and Tuan cannot sue Tech Ltd for breach of contract. However in this case if Tuans company agreed to sell those ordered printer to the third party, they cannot maintain their rights against Tech even though they may be a bona fide purchaser. Because there is no contract between Tech Ltd and Tuans company so the goods are not belonging to Tuans company and they cannot sell it. Tech Ltd had the rights to take back their goods and the third party did not have the rights against Tech Ltd. The second contract in this case is the contract between Tech Ltd and Sally, a university student, because the transaction was taking in the same manner with the case of Tuans company which is through the website o Tech Ltd. Sally placed one set of the laser printer through the same system which means she offered to buy a printer through Tech Ltds website and then they automatically sent a reply to confirm the transaction was successful. It means that they were accepting the offer from Sally to sell one set of printer with the given price on the website. The contract had both offer and acceptance so that there was a valid contract between Tech Ltd and Sally. However because of the mistake committed by an employee of Tech Ltd the price of the printer was altered to $388 which is extraordinarily low price. Sally saw Tech Ltds website and thought that the price of $388 was very reasonable and she is a university student so she cannot know the real price of the printer and she did not know that there was a mistake from the employee. According to the rule of common mistake which is if one party makes a mistake and the other party is unaware of the mistake, the contract is binding, so that the contract between Tech Ltd and Sally is a valid contract. In this case Sally as a student so she cannot know the real price and the mistake of Tech Ltd. Furthermore because of that reason Tech Ltd cannot proof that Sally actually knew the contract is under a mistake. Moreover there also a similar case of common mistake which is Centrovincial Estates plc vs Merchant Investors Assurance Co Ltd (1983) (referred to Appendix B). In this case a landlord offered, by mistake, to renew his tenants lease at a rent of  £65,000 a year; he had meant to offer it at  £126,000. The tenant, unaware of the mistake, accepted the offer. It means that the tenant did not know about the mistake so that the contract was binding to both parties. In conclusion the contract was binding with Tech Ltd and if they did not deliver the printer to Sally, she can sue them for that. Lastly for Tech Ltd to prevent similar situation in the future they should build a structure or system based on the counter offer. As has been said acceptance must be unqualified agreement to the terms of offer. Acceptance which purports to introduce any new terms is a counter offer. If counter offer is made, the original offeror may accept it but he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). For example it is the case of Butler Machin Tool Co vs Ex-cell-O Corp 1979 (referred to Appendix B). In this case the claimant offered to sell tools to the defendant. However the defendant accepted the offer enclosing their own standard terms which differed from those of the claimant. The claimant ackno